Patents
A
patent for an invention is the grant of a property right to the
inventor, issued by the Patent and Trademark
Office.
The
term of a new U.S. patent is 20 years from the date on which the
application for the patent was filed in the United States or, in special
cases, from the date an earlier related application was filed, subject
to the payment of maintenance fees. U.S. patent grants are effective
only within the U.S., U.S. territories, and U.S. possessions.
As
provided by the statute itself, the right conferred by a patent is
"the
right to exclude others from making, using, offering for sale, or
selling" the invention in the United States or "importing" the invention
into the United States. What is granted is not the right to make, use,
offer for sale, sell or import, but the right to exclude others from
making, using, offering for sale, selling or importing the invention.
In
addition to assisting with U.S. Patents, Pauley Petersen &
Erickson has extensive experience with many different types of foreign
patent applications. For
example, the Firm can assist the client with filing a patent application
directly in one or more foreign countries, with the International Bureau
that operates under the Patent Cooperation Treaty (PCT) and/or with a
Patent Office operating under any one or more Conventions, such as
through the European Patent Office (EPO), the African Regional
Industrial Property Organization (ARIPO), or any other existing
Convention. The Firm
provides the client with estimated costs corresponding to different
routes for foreign patent protection and recommends how the client can
proceed to achieve a desired level of protection based upon the client's
particular goals.
For
example, if a client desires patent protection in many foreign countries
but has no immediate need to enforce a foreign patent, the Firm
generally recommends filing a PCT International Application, designating
member foreign countries in which the client will ultimately seek patent
protection. By proceeding
with a PCT International Application, the client automatically receives
an International Search Report and can obtain a Preliminary Examination
of the PCT International Application, both of which will help the client
assess the value of proceeding with further steps and costs to secure
patents in individual foreign countries.
However, if the client desires foreign patent protection as soon
as possible, due to an infringement problem or a licensing
consideration, the Firm can help the client expedite the process by
filing a patent application directly in one or more foreign countries.
